Petitioner sought to stay a recovery certificate issued against him as an heir since his father's death. The court directed the petitioner to approach the bank for installment accommodation and disposed of the petition.
Petitioner directed to approach the bank for installment repayment accommodation.
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Court No. - 70
Case :- WRIT - C No. - 11437 of 2020
Petitioner :- Anar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondent nos. 1, 2 and 3.
This writ petition has been filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent Bank as well as respondent no-2 to stay the effect and operation of recovery certificate dated 31-01-2020 issued by the respondent no-4.
(ii) Issue a writ, order or direction in the nature of the mandamus directing the respondents not to take coercive steps against the petitioner during the pendency of the writ petition."
The contention of the petitioner is that the father of the petitioner has availed loan from the Gramin Bank of Aryavart and his father expired on 4.9.2019. Thereafter, a revised recovery certificate has been issued against the petitioner being the heir of the borrower (his late father). The contention is that he is ready and willing to deposit the amount but due to sudden demise of his father he is without any means to pay the amount.
It has been repeatedly pointed out by the Supreme Court that Courts should not fix instalments of loan in the matter of agricultural advances. Under the circumstances, it is for the petitioner to approach the respondent no. 4- Bank with an appropriate application alongwith a copy of the order passed today for seeking accommodation, if any, in repayment of the loan. If such an application is filed, the same may be considered by the Bank sympathetically.
With the aforesaid observation, this petition is disposed of.
Order Date :- 25.8.2020 A. V. Singh
(Jayant Banerji, J.)
1 issue framed by the court
Whether a writ of mandamus should be issued to stay the operation of a recovery certificate issued against the petitioner.
Anar Singh
State Of U.P.
3 Others
Jayant Banerji
As recorded by the court registry
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